According to the decision taken this Tuesday by the Court of Justice of the European Union (EU), it is “contrary to European law” not to transcribe a same-sex marriage certificate in an EU country performed in another Member State.
Justice is formal: any country in the European Union (EU) is required to recognize marriages of two same-sex citizens legally performed in another member state, according to a ruling by the Court of Justice of the EU (CJEU) published this Tuesday.
The court was contacted by two Poles who married in Germany and they were refused a copy of their marriage certificate in their home country, where same-sex unions are not allowed.
This refusal is “contrary to European law” because it constitutes an obstacle to citizens’ freedom to move from one country to another while enjoying their rights acquired in the European Union. This “violates freedom and the right to respect for private and family life”, according to the CJEU.
“Member States are therefore obliged to recognize, for the purpose of exercising the rights conferred by Union law, marital status legally acquired in another Member State,” he added. He detailed that, however, Poland is not obliged to include same-sex marriage in its national law.
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